Towing a vehicle from a handicapped parking place off private property in Illinois?

Question

I live in a private condominium complex in an Illinois suburb. We have reserved 10 spaces for guest parking, subject to certain restrictions. 1 of those 10 spots is designated as "handicapped" and requires display of a handicapped placard. We have found that a vehicle parking their with the permit, is a resident (residents already have underground parking space of their own). Guest parking is NOT to be used for residents. This individual parks in the handicapped parking and leaves the vehicle there, unmoved, for weeks at a time, because he has another residence. This is NOT the intention of the handicapped parking area, as now no other visitor who is handicapped can ever park in that space. He is making it as if it is his own private property. Since this is PRIVATE property, are we required to offer handicapped parking? Can he get away with parking 24 hrs/day, 365 days/week? Looking for answers from Illinois Law enforcement officers only or Illinois property management attorneys only.

Answer 1

In Illinois, a police officer can removed (tow) any vehicle parked in a handicapped space (both public and private) if the vehicle is not properly licensed (handicap symbol) or placard.  Issuance of the ticket to the person registered or who ever picks up the car from impound.

No law enforcement person in Illinois or any state for that matter will tow a legally parked, licensed and/or placard vehicle.  That vehicle and the person driving it has not violated any laws.

I understand that your condo's has resident only underground parking.  Is there handicap access in your underground garage?  Is this resident's parking space so marked?  Designation of parking areas (handicapped, visitor, expectant mother) are not requirements.  But reasonable accommodation is made to person with disabilities, set forth by the persons with disabilities act.

Your condo bylaws should have rules regarding 'abandoned automobiles'. It's a stretch.  The association should contact that resident to help alleviate the issue.  It may be as simple as adding an additional handicapped space.  Or the resident is unable to use the underground area due to their physical ailment.

As far as law enforcement is concerned the resident is not breaking any laws by parking in a space designated for handicapped persons.

EDIT:

As you stated in your answer, your ASSOCIATION has the right to tow any vehicles that are parking in unauthorized areas.  I would venture a guess that unless your association has a traffic compact with the Sheriff's Office (whichs states all Illinois Traffic Laws are enforced on your property) your ASSOCIATION bylaws govern the property.  Therefore, if your ASSOCIATION is unwilling to tow the vehicle or fine the owner pursuiant to your bylaws, your out of luck.  There are very few times a year that a police officer can detect the amount of time a vehicle has sat in one place.  Namely winter time with all the snow piled up on a vehicle.  Also, what is the definitation of an 'unauthorized vehicle'?  This person, who's vehicle you want to tow, is a legal resident of the complex and has the appropriate placard to park in a handicapped space.

Answer 2

It would have been a lot easier to answer your question in you would have included the name of the suburb.  Check your zoning laws.  You are required by the state to have a handicap parking spot per so many parking spaces.  Even though you call it private property, it is still accessible to the public.  Check with the Police department.  You may/should be able to have the vehicle ticketed.  As far as towing a vehicle, a sign would have to be posted stating that any unauthorized vehicles will be towed at owners expense.

Answer 3

Does an individual manage the property? You need to go to them and let them know what is going on-He is not a resident, so the police can run his plate to get his address and the management company can put a sticker on his car to get it towed.

I didn't see the additional comments earlier-nevermind

Answer 4

I know that in Peoria (and probably elsewhere) a property owner can notify the police of an "abandoned car", i.e. a car parked on private property without the property owner's consent. After the police receive your report, they are required by city ordinance to place a "private property abandoned vehicle sticker" on the car. If, after 5 days the owner has not brought their vehicle in compliance with the law (i.e. removed it from the property), the Police Department will make arrangements to have the vehicle removed.

If the property management is afraid to do this, they might consider just plastering the windshield with their own large "parked in a handicapped space" sticker. That can be a very effective lesson when the car owner has to spend a day scraping the glue off his windshield.